Article Courtesy of The Sun Sentinel
By Daniel Vasquez
Published February 11, 2009
John Narvaez hates looking at the gaping holes in the fence surrounding his condominium complex caused by Hurricane Wilma in 2005. He doesn't understand why the damage has not been fixed; his association received insurance money for that and other yet-to-be-finished repairs.
But for Narvaez, that broken fence symbolizes the growing number of questions nagging him and neighbors about their association's affairs and finances.
"There are a lot of things that need to be repaired and replaced around here," said Narvaez, a retired Brooklyn corrections officer and former director of the 114-unit Oaks Condominiums Association in Dania Beach. "We're told there is no money. Where is the money?"
Narvaez has asked for answers during general association meetings, but says the records he has received in response offer little detail. He now realizes he should have put his questions in writing.
Bill Raphan, a supervisor for the Florida Condominium Ombudsman's office in South Florida, recommends sending a letter requesting specific records — contracts, receipts, bank statements, estimates, etc. — for specific dates and sending it via certified return receipt mail.
"The association then has five days to produce those records and make them available for inspection," Raphan said.
Once you're allowed to look over the records, you can ask for copies. However, state statutes do not specify how much an association can charge for copying costs, nor do they say how much time it has to provide those copies.
"But if you discover problems, a records request is just the first step," Raphan said.
He recommends these five steps: 1. Get records. 2. Get copies. 3. Identify anything questionable. 4. Send an inquiry to the board, asking to explain specific expenditures, revenues, receipts, etc. 5. If you find evidence of wrongdoing, contact police.
If you discover a problem that is financial in nature or have a problem obtaining records from your association, you may file a complaint with the Department of Business and Professional Regulation. To get a copy, go to SunSentinel.com/condoform or www.myflorida.com/dbpr.
The form will ask your name and address, as well as whether your complaint is against a developer or association. It will also ask you to provide the name of the principal developer or association president and contact information.
You must say if you have requested records and what the association response was, and write a description of each potential issue.
Narvaez says he plans to start with sending a written records inquiry to his association. A new board was appointed in January and he and his neighbors hope for a more open relationship.
"I am not in this to harm anyone or get anyone in trouble," he said. "I just want to make sure our board operates correctly and openly."
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